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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> Mr Nelson Nazareth and the Secretary of State for Defence (Patent) [2008] UKIntelP o34308 (29 December 2008)
URL: http://www.bailii.org/uk/cases/UKIntelP/2008/o34308.html
Cite as: [2008] UKIntelP o34308
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Mr Nelson Nazareth and the Secretary of State for Defence [2008] UKIntelP o34308 (29 December 2008)
For the whole decision click here: o34308
Patent decision
- BL number
- O/343/08
- Concerning rights in
- GB2333250, EP0942781, EP1080178
- Hearing Officer
- Mr J Elbro
- Decision date
- 29 December 2008
- Person(s) or Company(s) involved
- Mr Nelson Nazareth and the Secretary of State for Defence
- Provisions discussed
- Section 72, Rule 83
- Keywords
- Revocation, Striking out, Summary judgement
- Related Decisions
- None
Summary
This preliminary decision related to three related patents. Revocation was sought on the grounds that the application failed to disclose the invention clearly and completely enough to a person skilled in the art. Before the commencement of the evidence rounds, the patentee sought striking out of the application, or alternatively summary judgment in their favour, on the grounds that the applicant had not disclosed reasonable grounds for the application. The hearing officer agreed that the current statements of case were unclear and did not provide a basis for a revocation action, but in view particularly of the claimants professed other (unpleaded) grounds, decided to give the claimant an opportunity to amend his statements of claim.